hi so i sent the request to the court off to use video evidence but havent heard back i only have 2 weeks to file the whole case..what do i do? the court said they cant comment on when the judge will process the letter..if i send video evidence..will the judge just not say sorry i didn;'t accept this ???

my worry with sending a url of the video evidence however is what if the other side says he doesnnt have internet or something?

hello everyone i rang the court today as i was confused, the directions state to put any expert you expect to bring and witnesses.. .yet the recent doc i had said u must write to the court and ask for this.. the woman seemed unsure and said well if its in your directions technically youve already informed the court. .im sending a letter anyway to request it. .but really unsure.. also the woman from court said if i buy a usb and send it i would be seeming to 'un-necessrily increase my costs' and so it would be better if i uploaded the files to a file hosting site and sent both parties the url in writing? she said also the court has no facultieis to play a usb and i would have to bring my own laptop anyway? is this right? can i record a court admin person like this woman incase she misadvises or would this be frowned upon?

ive done the witness statement thanks.. i need help with what the court bundle should contain..is my index ok??

im desperately in need of help in terms of the index for the court bundle can anyone help??

right ok..thansk for the advise on that..does my court bundle index look ok?

can i do that? use min res in penstick sent to them and play the 4k hd versions in court?

hi i have all the expert statements, quotes and video evidence done. The court letter says it must be done 2 weeks before so i need it done by may 1st i guess. What I am worried about is - a) i am unsure what to put in a index this is my draft index so far and i don't know if its ok?- Nottingham County Court : Case No: XXX BETWEEN XXX and Available Car Ltd Defendant __________________________________________ INDEX TO BUNDLE FOR HEARING ON June 13th 2018 __________________________________________ Section A Particulars of Claim 1-2 Statement of issues 3 Section B Case correspondence history 1-13 Section C Audio, Video & Photographic Evidence 1-28 Section D Expert Reports & Statements 1-3 (page numbers arent right as literlly drafted that will sort them.) b) the court directions state i must request to use expert witness statement 2 weeks before as well and any video evidence..what exactly do i say just i am requesting this? c) The video evidence itself i have so much it i 50gb as it is 4k hd from the dashcam and i cant find any kind of dvd to fit it onto ..but the court order says it must be sent to the defendant and court..really unsure how i can do it?

hey everyone so mediation failed..now had a court notice to say a hearing has been set for june 13th, and i need to pay £80 by May 1st. I also need to write and request use of any expert statements/witnesses/reports and video evidence. I have two questions- the court bundle, does anyone have an indea of the index layout and what is needed to be included. Also in my directions I already put down I want to use written evidence, what do I write to the court and say really?

Hey thanks everyone, I got the directions sent off recorded delivery. Did some more reading on CAG and it said to keep a paper trail, start building a file now. I’ve done that and got a folder ready on my pc. The case has now been agreed for mediation on 25th Jan. However the original repair the dealership claims to have done in their defence has now re-emerged. I contacted the dealer and he said he will speak to the finance company not me. I contacted the finance company as I found a ‘receipt for work’ which states they would repair the door seals and also oddly it states they were going to repair the damaged area ! This is signed by them. I presented this to the finance company and they say the fault is in 2017 so pre-decessed and they want an inspection agent to come out. The inspection agent came out Saturday, he said looking at the job report they only fixed one window the rest of the work is on repairing the 'damaged area’. I noticed the defendant however has stated in his sworn statement to the court/defence he repaired both windows. This means the defenedant lied on his statement? How would I proceed here would you mention it at mediation as is lying not a serious thing on a sworn document? I tried to google but appears theirs contradicting info. I am currently awaiting the inspection agent report to verify what they said verbally before I raise this with the finance company. Final question - as the original window repair they claim was done wasn’t done, would I be able to add it into current claim costs? If so how?

thnks that makes sense..so would the mechanics be expert statement..or id put them in witnesses?

hi am not dragging my expert witness, theyve never done a expert report before..ive googled cant find any..does any1 have any on here we could use as a template?

hi okay am a bit confused.. i have mechanic reports but there all by email of the fact the video footage matches the damage to the vehicle.. they won't come to court as they are on inspection quotes they said theyll only be a witness if i use them for the repair, which i cannot get done till the court case is over. .are these expert witnesses or how do i file this.. i think am very confused as to what the court deems and defines an 'expert witness'.. also in the directions do i make the request to use video evidence? or when do i do this? i only have until the 2nd jan to file the directions so any help appreciated asap

Thanks for the help ericsbrother. Quick few questions (1) do i send the directions to the defendant and court? (2) the expert witnesses part on the directions, i cannot find any template for how expert witness written reports should be laid out and none of the garages i used know how to lay it out who did the inspection..do you guys know or have any templates for this? I want to use a few garages as i had 3 inspections done by 3 garages so would you attach this seperately on the directions?

oh ok i did read that..in terms of directions i want to use emailed reports from the aa, mechanical inspections etc about the clutch etc would they be ok to put in written reports..also due to limited characters my mcol online was very limited for the POC..will i get an opportunity to write a more detailed POC?

so what happens now?

sorry im completely new to this and ive never taken anyone to court..ive had a 'notice of proposed allocation to the small claims track'..sorry dont know where i got fast track from!

Hey all sorry for the late reply. .was looking back through the defendant available car's defence I noticed they haven't mentioned that blackhorse over ruled them about their opinion on lack of consumer rights/clutch failure etc and ruled in my favour, neither about the police involvement too. Thats interesting. They seem to instead be creating some grey cloud of distraction around the courtesy car which as far as am concerned ended when I paid £42 lol which to me seems to be irrevelant BTW not sure where you guys got the opinion my claim is for more than 10k lol I wish! No its for £899 inc court fees and interest..thats all the front grill repair/bonnett edge+respray will cost as that was the cheapest of 3 quotes inc car hire..

hi yes i got a notice of proposed allocation to small claims fast track and a counter defence form? then another which asks questions about mediation etc

im at the point where i filed mcol ..theyve responded with a defence. ...what happens next? THEIR DEFENCE- 1.Mr XXX bought vehicle of reg xxx from us on 31st May 2017. 2. Mr XXX claimed a window fualt to his car, we covered this under our 3 month car warranty 3. Mr XXX claims during a pre-inspection of his car there was no faults when he bought the vehicle to us on 31st July 2017. These are not a 'full' check as the claimant alleges and are a 'brief' visual inspection, therefore there was no evidence as the claimant alleges that the damage wasn't on the car before. 4. During this Aftersales visit ,we replaced the 'door strip window seals' on both doors and Mr XXXX had no complaints and was happy. 5. The 'damage' that Mr XXXX is claiming against us, appears to be a 'stone chip' (or similar) that has the chrome grill effect grille. causing a small indentation, which has then grazed the underside of the bonnet 'chipping' a small area of paint off the bonnet (above the grille). images can be supplied, should they be necessary. This damage was not caused by us and we suspect by Mr XXXX speeding in the vehicle or of his excessive motorway mileage, therefore we are not responsible for the repair or any associated costs related to these items. We note the car has done 3000 miles in 6 months which is evidence of the above. 6. The 'damage' we are accused of causing, is alleged to have happened between the vehicle being dropped off with us on 31st July 2017 (approx .) 17:25pm and Mr XXXX 'inspecting' his vehicle in our Customer Car Park on 1st August 2017 at 17:55pm. Between these times the vehicle had been taken from our Customer Car Park and driven onto our site (secure compound), the work had been completed and the vehicle was driven back into the Customer Car Park. The vehicle mileage was 40,933 when we took the vehicle from Mr XXXX and was still 40,933 when he arrived to collect the car on 1st August 2017. The car had not completed one mile even in distance whilst in our care. Should the need arise i will provide 8 witness statements from our staff to verify the car did only approx 0.03 miles in our care. 7. Tuesday 1st August 2017. On arrival at 17:09pm Mr XXXX had our courtesy car whilst the above repair was done to his window seal, he damaged the N/S/R bumper corner of our Courtesy Car, this was noticed whilst inspecting the vehicle at 17. 14pm. We suspect this was done in a act of revenge for us causing him 'inconvienece' as Mr XXXX's atttitude towards our staff was very obnoxious during the time we did the repair for him on his window seal. He damaged the car so badly he was requIred to pay for the damage caused to our courtesy car, whilst was with him and to be as fair and reasonable as possible, the excess amount was £2500.00. However one of my staff members took pity on Mr XXXX and took the car to our workshop to see if we could repair the bumper of the vehicle or 'touch it in.' The cost we charged Mr XXX was settled at a gesture of goodwill reduced excess and this amount was accepted and he accepted 100% liability for when he paid on 1st August 2017 at 17:53pm. We discounted this to just £42.00. 8. From this point onwards Mr XXXXX has had a grudge against our branch. He has not stopped contacting us via live chat or telephone being verbally intimidating in his manner which we feel is unacceptable. He then filed a complaint which was escalated to myself, the branch manager. To resolve his complaint we a) polished out the scratch on the door b) touched in the stone chip on the front grill and c) polished and washed the car for Mr XXXX. We only did this as a gesture of goodwill to try and resolve his complaint and at no point told Mr XXXX we would repair his vehicle as his false claim implies. We have never accepted liability. 9. This claim number- XXX claims 'front panel' damaged, we are unaware 'which part of the vehicle this relates, should it be the door that was complained about, this was resolved as per earlier. Should it be any other area, we have not been notified and do not understand the description used? 10. On 3rd August 2017, Mr XXXXX had emailed and rang me, claiming the internal recording equipment (that was inside his vehicle during the above repair a dash camera he illegally used to record us on our property without permission), has recorded evidence leading to multiple complaints regarding the "damage" that 'we' had caused to his vehicle. I said I was happy to investigate the allegations, yet would appreciate looking at the recordings, so I could see what 'damage' had been caused and by who ,when and how. 11. Unfortunately Mr XXXXX was unable to email these recordings to me but instead uploaded three videos to YouTube, called "Available Car Exposed". He continued his grudge against the branch and evidence of this is the channel he created on youtube with such a name. Two videos were of Available Car staff members (driving his vehicle, whilst on our site), one without a seatbelt on, the other answering a telephone call (whilst driving), the third video was a team member who had washed the vehicle, prior to it being returned. 'Compensation' was immediately requested by Mr XXX. These 'recordings' were the evidence Mr XXXX insisted showed that Available Car has not taken reasonable care of his vehicle whilst it was in our care. I strongly disagree, these recordings show members of staff moving and washing his vehicle, no detrimental recordings have ever been presented to us. Mr XXX then refused to send me any more evidence after a letter sent to him in which I explained his complaint was 'pathetic' as his videos did not show anything he alleged. Mr XXX has never provided us solid evidence that we caused his damage. I accept the wording of this email should have been better and have since offered an apology to Mr XXX but he refused to accept it. 12. Mr XXXX only raised his 'damage' complaint after damage to our Courtesy Car whilst it was in his care and instead of accepting the nominal charge we applied for the damage that he was responsible for, he has attempted to find imperfections on the bodywork of the (used) vehicle he purchased from us, in an attempt to get money from us. The aim of the complaint from him is for compensation'. We will not offer a monetary value or any compensation' tor something we are not responsible for. From looking at his tripadvisor profile and review centre profile through independent research it appears Mr XXX has a 'pattern of complaining'. He has filed 4 complaints in 2 years, this seems very excessive in our opinion. 13.Further background information is available regarding Mr XXX's 'multiple' complaints to us. The content of these complaints are regarding the Audi TT A014BXZ purchased, (details are available on request) however no reference has been made to these in Claim No XXX 14. We did not damage Mr XXX's vehicle and despite his allegation he has 'evidence' to prove otherwise, he has never produced it. We totally refute the claims that Mr XXXX has against us. ....... I'd like to explain about some parts of the defendants accusations. Firstly, my complaint about damage was on the 31st july so that is a blatant lie.. as i put in my earlier posts.. they originally tried to do the repair then..failed and i asked them what they had actually done for a whole day when i went to the car then it wasnt fixed.. they then gave me a courtesy car for another day and asked for another day to fix the vehicle. I only took their courtesy car to work and back.. they claimed a stonechip on the bumper had happened, i asked them for evidence this wasn't on the car before, they provided car check sheets which i still have a copy off right and it showed apparently no damage only to a diff area of the car. They said they wanted £2500 and I told them i didnt believe this was a fair cost as it was a stone chip less than a penny, most places like europcar don't even lodge these as damage. I told them I would repair their car myself at a independent mechanic, they refuse and would not give me the keys back. They then told me to pay £42 as the small stone chip could be touched in, i did and didn't sign anything as I guessed maybe the stone chip happened as I have to go on a motorway to visit them so I paid . For some reason theyve made the fabricated story above and implication they only did 1 repair and am a serial moaner. Its not the case at all!! Hope that clears that up anyway

ok..i posted the jist of their defence above..i will black out personal info anyway and upload it

ok will i have to type theirs in..sorry but can i get in trouble for uploading it as ive named them directly the company that is? they have stated am uploading stuff to the intenert as a point so guess theyre trying to use that against me?

Hey guys am back with an update and some things have changed good and bad... .I now need your help with the court writing side of things... the car had a clutch fail as well as per above and shortly after a wiper blade motor fail.. I got 3 independent reports done by the AA and two indie mechanics on both who stated it should have been picked up in the dealers advertised '300 point check service upto audi standards'. Available Car took the stance 3 months has gone, consumer rights have changed and there doing nothing!! I went to the finance company =lyolds tsb.. who ruled in my favour, they gave me the cost of the clutch back/repair+compensation and paid for the wiper blde to get fixed ..it was a result as they accepted liability. I then went back to available car and asked them again to rectify the damage they did to the car as their financial credit provider/finance company had stated i was right and they did have liability.. I had a response stating that they do not still accept they mis treated the car or damaged it. I went back and filed MCOL. As per earlier advise i did it online and i have gained 3 quotes on repair from 3 diff mechanics about the cost of repair to front bonnet area +grill and door. They have come back at £900 as the whole front bonnet and grill need respraying and unfortunately come as one unit on my car. the door can apparenly be machine polished. Available car filed a defence yesterday on the last day and they have not hired a legal team its just the same general manager of their branch defending the claim (the one who said am pathetic for wanting to claim for damage) he has said in short 'am a serial money' , I damaged my window originally but they fixed it anyway (which isn't true as you'll see in my original post..i found the fault within 3 week of having the car that the window wouldn't go down and reported it to them) and he said as i wasn't happy with the window repair i made loads of complaints and hes said all my aim is is to get money out of them (hes actually said that) and he said they dont accept liability still.) The response is quite weak in my eyes and to fabricate such a story is quite funny as I will be able to prove he's lieing and thats not the case from all the advice you all gave me which is keeping recordings, email chains etc and now their own finance provider ruled against them i believe i have an even stronger case next to dashcam footage next to reports.. the court has said the case is assigned for me to respond by 2nd Jan. I just wanted to ask when will i get a chance to do a full detailed poc with my side of the story as the one online was limited characters? If anyone could help that would be great. I would like to make it clear to you all I am not a serial moaner at all and i just think its the morale and principle of the matter if someone damages my care in lieu of trust they should pay for it and honour to do that instead of creating fabricated stories!

where can u find a list of hceo firms

hello everyone..so now judgement has been entered can X log on MCOL and do the HCEO?